2021-10-12 Planning Environment Committee Meeting Minutes

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                          12 OCTOBER 2021


6.   REPORTS FOR NOTING BY THE COMMITTEE


8    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – AUGUST 2021
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
     declaration to the meeting of a prescribed conflict of interest in this matter:
     I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter in regard to
     Item 1, Application ID 51986.3023.03 by Natani Design Pty Ltd. In April 2021 I engaged Natani Design
     Pty Ltd to design my private residence at Boreen Point for an amount of $4,510. This arrangement is
     currently active. As a result of my conflict of interest, I will now leave the meeting room while the matter
     is considered and voted on.

     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I have a
     close personal relationship with Craig Anthony Tindale and Michelle Tindale listed in the report at Item
     99, Application No. SPS21/0247; and Sean Patrick Hunt and Kirsten Renee Schacht listed in the report
     at Item 109, Application ID SPS21/0262. Although I have a declarable conflict of Interest. I do not
     believe a reasonable person could have a perception of bias because I believe Council’s consideration
     of these applications are not to approve or reject them, they are only for noting that a decision has
     already been made by staff. Therefore, I will choose to remain in the meeting room. However, I will
     respect the decision of the meeting on whether I can remain in and participate in the decision.

     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter due to my
     association with Andrew James St Baker, listed in the report at Item 110, Application No. SPS21/0263.
     I am a surfboard manufacturer and Mr St Baker is an owner of Thomas Surfboards and the Thomas
     Factory. I believe Mr. St Baker has had a fantastic influence on manufacturing in Noosa. In Council I
     have often congratulated the Thomas Factory and I have discussed the emerging Enterprise Business
     Zones which Mr. St Baker supports. During the Campaign Mr. St Baker allowed me to put an election
     core flute at the Thomas Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had
     two discussions of the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at
     his house, which is right above the surf break. Although I have a declarable conflict of interest, I do not
     believe a reasonable person could have a perception of bias because I believe I do not have a close
     personal relationship with Mr St Baker and Council’s consideration of this application is not to approve
     or reject it, only for noting that a decision has already been made by staff. Therefore, I will choose to
     remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain
     in and participate in the decision.

     As the only remaining councillor without a conflict of interest, Cr Finzel assumed the chair. The CEO
     advised that under the Local Government Act, Cr Finzel was able to make the decision on the declarable
     conflicts of interest of the other Councillors.

     Committee Resolution
     Moved:             Cr Finzel
     Seconded:          NA
     That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
     interest that Cr Stewart participates and votes on this matter because Council believes that although Cr
     Stewart has a personal relationship with Craig Anthony Tindale and Michelle Tindale and Sean Patrick
     Hunt and Kirsten Renee Schacht, Council’s consideration of these applications is not to approve or
     reject them, but only for noting that a decision has already been made by staff therefore a reasonable
     person would trust that the final decision is made in the public interest.
                                                                                         Carried unanimously.
     Cr Stewart and Cr Wegener did not vote on the above motion.



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